VIJAY KUMAR Vs. JATINDER GUPTA

JUDGEMENT

(1.) Defendant is in Regular Second Appeal against the concurrent judgments and decrees passed by the Courts below in a suit for recovery.

(2.) Brief facts are that the plaintiff filed a suit for recovery of Rs.12,10,000.00 i.e. Rs.11,00,000.00 as principle amount and Rs.1,10,000.00 as interest @ 6% per annum from 21/2/2013 to 21/10/2014 along with future interest @ 12% per annum from 22/10/2014 till the date of actual realization of the amount. The suit was filed on the basis of pronote and receipt. Plaintiff asserted that on 21/2/2013 the defendant borrowed a sum of Rs.11.00 lakhs from the plaintiff for his personal needs and after receiving the said amount in cash, he executed promissory note and receipt in favour of the plaintiff in the presence of the witnesses. Defendant agreed and promised to return the aforesaid amount along with interest till 30/6/2013 and the endorsement was made on the receipt itself in the handwriting of the defendant. Defendant executed the pronote and receipt in the presence of witnesses and agreed to pay interest @ 6% per annum on the loan amount. The defendant defaulted in paying the loan even after issuance of legal notice by the plaintiff on 29/10/2014.

(3.) Defendant contested the suit and took the plea that in fact he borrowed a sum of Rs.1.00 lakh from the plaintiff in the month of March/April 2014 and had already repaid the same in the month of June 2014. Pronote and receipt were claimed to be fabricated documents. Factum of borrowing Rs.11.00 lakhs was denied altogether. No pronote and receipt were executed by the defendant as alleged. At the time of availing loan of Rs.1.00 lakh, plaintiff allegedly got signed some blank documents from the defendant and also got signatures of the defendant on those documents having revenue stamp on it. Defendant signed the same in good faith as he was not in a position to dictate his terms.